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(영문) 창원지방법원 2015.04.15 2014노2848

도박개장

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two years of suspended execution for six months of imprisonment, one hundred and twenty hours of community service) is too unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, the fact that the defendant did not obtain any particular benefit from the crime of this case, the fact that the defendant did not have any criminal record for the same kind, the defendant was suffering from chronic virus C infection, and the disease due to urology, etc. However, the crime of opening gambling is more severe punishment than that of general gambling because it could promote other ordinary people's speculative spirit. The court below sentenced the judgment of the court below by fully taking into account the circumstances favorable to the defendant, such as the fact that there was no special reason for changing sentencing after the court below sentenced the judgment below, and other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and other various sentencing conditions specified in the records and arguments of this case, it cannot be deemed that the punishment imposed by

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.